The above-captioned case was scheduled for hearing on July 21, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Blackburn, Jackson, Jasparro, Walker and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Walker.
FINDINGS OF FACT
	During the July 21, 2009 hearing on this matter, the Board was advised and finds that the Applicant has installed a limited sprinkler system within this facility in order to provide egress protection for the single stairwell that is the only internal means of egress from the building.  The Board was further advised and finds that a domestic tank and pump were installed to feed the system and sized to provide twenty (20) minutes of water when flowing four (4) residential sprinklers.  The Board was further advised and finds that by letter dated April 2, 2009, the Woonsocket Fire Marshal's office advised that Applicant that it had received plans for the modified egress sprinkler system but that the system had been installed at the location prior to plans submittal and approval by that office.  The Board further finds that the Woonsocket Fire Marshal's office determined that the system proposed is not designed for use in the subject facility in that the main drive of the system is based on NFPA 13D, the sprinkler standard for one and two-family dwellings.  Finally, the Board finds that the Woonsocket Fire Marshal's office advised that the system should have been designed in accordance with NFPA 13R standard for residential occupancies.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby shall allow the Applicant to submit calculations of the existing system to the Woonsocket Fire Marshal's office and thereby allow the Woonsocket Fire Marshal's office to determine whether the system would be acceptable in providing adequate protection to the residents of the facility.  While the Board understands that the system is technically not in compliance with the standards outlined by the Woonsocket Fire Marshal's office, the Woonsocket Fire Marshal shall nonetheless be granted the authority to approve this system if he determines that the protection provided is comparable to that of similarly designed and installed systems within Woonsocket.  Finally, in the event the Applicant and the Fire Marshal are unable to agree, the Applicant shall be allowed to return to the Board for further review.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  
Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].